Reservation and its Social Complexities
-Yagyadi Acharya
Last month marked the completion of 14 years since the Maoists insurgency ended. It’s been a long journey from a fierce people’s war to competitive politics. It took another 9 years of struggle, after the end of the civil war for Nepal to promulgate its Constitution in 2015. The Constitution incorporated the principle of proportional representation in all sectors. Foundation of inclusivity established by the Constitution is slowly being laid with few measurable institutional and social progress.
The Comprehensive Peace Agreement (CPA) signed in 2006 between the Maoists and the Seven-Party Alliance envisioned preferential treatment for disadvantaged communities mainly women, dalits, madhesis, and other oppressed indigenous groups. These communities were also given certain benefits in the Interim Constitution, 2007 encouraging them to participate in state structures. CPA envisaged a huge transformation in Nepali politics. It laid a foundation to establish the concept of positive discrimination. CPA cited the necessity of inclusivity through the reservation to strengthen the historical and cultural status of Nepal.
Reservation
It should be noted that discrimination, exploitation, and marginalization established by years of fascism and tyrannical governance requires affirmative action in some way or the other to restore equity in society. While doing so, it’s key to establish a system that serves the long-term interests of Nepal’s oppressed groups. The State needs to be careful about its infrastructural limitations while incorporating a system of affirmative action. A great challenge could be the establishment of strong infrastructures to provide equitable recognition and ensure a moderate channel to distribute welfare among the local people.
Ensuring economic, social, and cultural rights of marginalized communities as fundamental rights in the constitution are considered to impede its implementation. Merely enlisting them in directive principles may not be enough. We have guaranteed seats for women, adivasi-janajatis, dalits, madhesi, and other underprivileged groups in bureaucracy, politics, parliament, education, public service and other sectors. Analyzing the Indian context, a mere reservation policy did not serve in poverty alleviation. Instead of serving its purpose that was to end social oppression, it gave rise to a new elite class within the society. We must also understand the social complexities that come along reservation policy in a multicultural country. Within the specified reserves group there is a ‘poor class’ within each linguistic, ethnic and regional community. Positive discrimination is designed to uplift these groups. Privileged ones gaining benefits and underprivileged left behind is one of the key existing issues of reservation.
Reservation is not an absolute principle, but rather a relative one. The reservation system is criticized for being against the merit-based system and promoting casteism. From one lens, reservation could be unfair and can be condemned for punishing innocent so-called upper castes for the acts done by their ancestors in the past. This could instigate in reinforcing caste lines rather than striving for a caste-free society. The implementation of reservations may actually hinder competitiveness in various sectors like education, public health, bureaucracy etc.
Therefore, Nepal has to be critical to address relevant issues that come along with this reservation system. An unplanned system could affect the performance of other development machinery and decline efficiency in social institutions.
The opinions expressed in the article solely belong to the author and do not necessarily represent the official opinion of Youth in Federal Discourse (YFD).
